TITLE 25 Chapter 25:04 PREVIOUS CHAPTER EDUCATION ACT Acts 5/1987, 26/1991, 24/1994 (s. 70), 19/1998 ( s. 15), 22/2001. ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Application. PART II FUNDAMENTAL RIGHTS AND OBJECTIVES OF EDUCATION INZIMBABWE 4. Children’s fundamental right to education in Zimbabwe. 5. Compulsory education. 6. Minimum fees for education. 7. General function of Minister. 8. General duty of local authorities. PART III CLASSIFICATION OF SCHOOLS AND RIGHT OF ACCESS TO SCHOOLEDUCATION 9. Classification of schools. 10. Children’s entitlement to enrolment at schools. 11. Enrolment at alternative schools. PART IV GOVERNMENT SCHOOLS 12. Establishment, maintenance and closure of Government schools and hostels. 13. Prescribing of fees at Government schools. 14. Establishment of general purpose funds. PART V NON-GOVERNMENT SCHOOLS 15. Registration of non-Government schools. 16. Recommendations by Secretary in the national interest. 17. Cancellation of provisional registration or registration. 18. Appeals in relation to registration of schools. 19. Certificate of registration or provisional registration. 20. Premises on which schools may be operated. 21. Fees payable at non-Government schools. 22. Appeals in relation to fees. 23. Keeping of records and provision of information. PART VI OTHER GOVERNMENT EDUCATIONAL FACILITIES 24. Other Government educational institutions. 25. Adult education. 26. Prescribing of fees for other Government educational facilities PART VII NURSERY SCHOOLS 27. Regulation of nursery schools. PART VIII NATIONAL EDUCATION ADVISORY BOARD AND REGIONAL EDUCATION

TITLE 25

ADVISORY BOARDS 28. Establishment and functions of Board. 29. Membership of Board. 30. Disqualifications for membership of Board. 31. Terms and conditions of office of members of Board. 32. Vacation of office by members and filling of vacancies. 33. Meetings and procedure of Board. 34. Regional education advisory boards. PART IX FINANCIAL PROVISIONS 35. Grants to schools, colleges, etc. 36. School development committees. 37. Expenses of administration, etc. 38. Fees to be paid into Consolidated Revenue Fund. PART X CORRESPONDENCE AND INDEPENDENT COLLEGES 39. Interpretation and application of this Part. 40. Registrar of Correspondence and Independent Colleges. 41. Functions of Registrar. 42. Prohibition of unregistered correspondence colleges and independent colleges and certain advertisements. 43. Registration of correspondence colleges and independent colleges. 44. Annual registration and guarantee fund fee. 45. Correspondence Colleges Guarantee Fund. 46. Independent Colleges Guarantee Fund. 47. Accounts and audit of funds. 48. Variation of scope of registration otherwise than at request of correspondence college or independent college. 49. Variation of scope of registration at request of correspondence collegeor independent college. 50. Cancellation of registration. 51. Appeals against decision of Secretary. 52. Registered correspondence college or independent college to haveprincipal office in Zimbabwe. 53. Formation of advisory council. 54. Tuition by independent colleges. PART XI CONDITIONS OF SERVICE OF TEACHERS 55. Interpretation in Part XI. 56. Abolition of Unified Teaching Service and savings of pension rights. 57. Transfer of teachers to Public Service. 58. Conditions of service of transferred teachers. 59. Conditions of service of teachers who do not transfer. 60. Discipline of former Unified Teaching Service teachers who are not members of Public Service. 61. Any teacher may apply to join Public Service. PART XII GENERAL 62. Languages to be taught in schools. 63. Curricula and examinations. 64. Health in schools. 65. Delegation of functions by Secretary. 66. Powers of officials to enter premises of registered schools, colleges and other educational institutions. 67. Penalties

68. Recognition of national association of teachers. 69. Regulations. 70. Savings. AN ACT to provide for the declaration of the fundamental rights to, and objectivesof, education in Zimbabwe; to provide for the establishment, maintenance andregulation of Government schools, Government teachers colleges and otherGovernment educational facilities; to provide for the establishment andadministration of non-Government schools and teachers colleges, and for theregistration and control thereof; to provide for the registration and control ofcorrespondence colleges and independent colleges and for the establishment of anadvisory council for such colleges; to make financial provision for schools andteachers colleges; to provide for the transfer of teachers to the Public Service; and toprovide for matters connected with or incidental to the foregoing. [Date of commencement: 8th June, 1987.] PART I PRELIMINARY 1 Short title This Act may be cited as the Education Act [Chapter 25:04]. 2 Interpretation In this Act— “adult education” means any educational training which the Minister considers suitable for persons beyond the age of sixteen years to develop them into useful adultmembers of society; “Board” means the National Education Advisory Board established in terms of section twenty-eight; “child of school-going age” means a child of an age within such limits as may beprescribed; “fixed date” means the 8th June, 1987; “Government school” means a school administered and controlled by the Ministry; “hostel”, in relation to a school, means any building used for the boardingaccommodation of pupils or students attending such school; “Minister” means the Minister of Education or any other Minister to whom the President may, from time to time, assign the administration of this Act, and“Ministry” shall be construed accordingly; “non-Government school” means any school which is not a Government school, whether or not it receives aid from the State; “nursery school” means an institution which provides for early childhood educationand care and the physical, mental and social development of children who are not oldenough to be enrolled at a primary school; “parent”, in relation to a pupil or child, includes a guardian or any other person whohas the duty to maintain the pupil or child; “registered”, in relation to a school, means registered or provisionally registered in terms of section fifteen; “responsible authority”, in relation to or a school, means the person, body ororganization responsible for the establishment and management of the school; “school” means an institution, other than a correspondence college, recognized by theMinistry, which provides school education; “school development committee” means a school development committee established in terms of section thirty-six; “school education” means primary or secondary education for children comprising acomplete range of suitable full-time instruction and activities, having regard to the age and sex of the children; “school year” means the period of twelve months ending on the 31st December of each year; “Secretary” means the Secretary of the Ministry for which the Minister is responsible;

“teacher” includes a head of a school; “term” means any one of the periods into which the teaching school year is divided. 3 Application (1) This Act shall not apply to— (a) the University of Zimbabwe; or (b) any institution which is established, administered and controlled— (i) under any other enactment; or (ii) by any Department or Ministry of State, other than the Ministry; or (c) any institution which provides education which is solely religious,social or recreational. (2) The Minister may, at the written request of the responsible authority of anyschool, and subject to such conditions as he may specify by statutory instrument,exempt such school from all or any provisions of this Act that would otherwise applyto such school, and may, by like notice, vary or revoke such exemption. PART II FUNDAMENTAL RIGHTS AND OBJECTIVES OF EDUCATION INZIMBABWE 4 Children’s fundamental right to education in Zimbabwe (1) Notwithstanding anything to the contrary contained in any other enactment, butsubject to this Act, every child in Zimbabwe shall have the right to school education. (2) Subject to subsection (5), no child in Zimbabwe shall— (a) be refused admission to any school; or (b) be discriminated against by the imposition of onerous terms andconditions in regard to his admission to any school; on the grounds of his race, tribe, place of origin, national or ethnic origin, politicalopinions, colour, creed or gender. (3) For the purposes of subsection (2), a term or condition shall be deemed to beonerous if it requires the child upon whom it is imposed or the child's parent— (a) to do anything; or (b) to possess some quality, attribute, asset or property; which is not required to be done or possessed by children or parents, as the case maybe, of a different race, tribe, place of origin, national or ethnic origin, politicalopinion, colour, creed or gender. (4) Any person who contravenes subsection (2) shall be guilty of an offence andliable to a fine not exceeding level six or to imprisonment for a period not exceedingone year or to both such fine and such imprisonment. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] (5) It shall be a defence in any criminal proceedings for an offence under subsection(2) for the accused person to show that, though he committed the act alleged againsthim— (a) he committed the act on the grounds of the creed of the child against whom the act was committed, but he did so because the school concerned iscontrolled by a bona fide religious organization and members of that religiousorganization or adherents of a particular religious belief are accorded preference inadmission to that school; or (b) he committed the act on the grounds of the gender of the child against whom the act was committed, but— (i) the act was reasonably justified in view of physiological differencesbetween children of different gender; or (ii) the act was reasonably necessary in the interests of defence, publicsafety or public morality; or (iii) the act was reasonably justified because the school concerned was reserved for the admission of children of one gender and the child against whom theact was committed is of the other gender. 5 Compulsory education

It is the objective in Zimbabwe that primary education for every child of school-going age shall be compulsory and to this end it shall be the duty of the parents of any suchchild to ensure that such child attends primary school. 6 Minimum fees for education It is the objective that tuition in schools in Zimbabwe be provided for the lowestpossible fees consistent with the maintenance of high standards of education, and theMinister shall encourage the attainment of this objective by every appropriate means,including the making of grants and other subsidies to schools. 7 General function of Minister Subject to this Act, the Minister shall promote and enhance the education of thepeople of Zimbabwe and the progressive development of institutions devoted to thatpurpose and the Minister shall secure the provision of a varied, comprehensive andconstantly developing educational service throughout Zimbabwe. 8 General duty of local authorities For the purpose of ensuring a fair and equitable provision of primary educationthroughout Zimbabwe every local authority shall endeavour to establish and maintain such primary schools as may be necessary for all children in the area under itsjurisdiction. PART III CLASSIFICATION OF SCHOOLS AND RIGHT OF ACCESS TO SCHOOLEDUCATION 9 Classification of schools (1) Schools in Zimbabwe shall be classified— (a) as either Government schools or non-Government schools; and (b) in such other categories as the Minister may determine, taking into account the social and economic standards of the communities in which the schoolsconcerned are situated. (2) The Minister may at any time— (a) amend or vary any category into which schools are classified in terms of paragraph (b) of subsection (1); or (b) reclassify any school that has been classified in terms of subsection(1). 10 Children’s entitlement to enrolment at schools Every child of school-going age shall be entitled to be enrolled at the Government primary or secondary school, as the case may be, nearest to the place where he isordinarily resident, unless such primary or secondary school is fully enrolled. 11 Enrolment at alternative schools (1) Where the primary or secondary school at which a child of school-going age has sought enrolment in terms of section ten is unable to enrol the child because theschool is fully enrolled, the head of that school shall forthwith issue to the child acertificate in writing certifying that fact. (2) Where a child who has been issued with a certificate in terms of subsection (1)applies for enrolment at the next nearest school and produces such certificate, it shallbe prima facie evidence of the facts stated therein. PART IV GOVERNMENT SCHOOLS 12 Establishment, maintenance and closure of Government schools and hostels (1) The Minister may establish and maintain such schools, hostels, and otherbuildings as he may consider necessary or desirable for educational purposesincluding the accommodation of teachers. (2) The Minister may, if he considers it appropriate for the purpose of discharging hisfunctions in terms of subsection (1), close or change the site of any Governmentschool or Government hostel. 13 Prescribing of fees at Government schools (1) The Minister shall, in consultation with the Minister responsible for finance, from

time to time prescribe the fees which shall be payable for— (a) instruction at Government schools; and (b) accommodation at Government hostels, and may prescribe differentfees for accommodation at different Government hostels. (2) Without derogation from section 21 of the Interpretation Act [Chapter 1:01], in the performance of his functions in terms of subsection (1), the Minister mayprescribe additional fees for instruction in special subjects or special educationalcourses. (3) Except as may be prescribed by the Minister, no rebate, refund or remission,whether in whole or in part, of fees payable in terms of this section shall be granted: Provided that the Secretary may authorize— (a) a rebate or refund, as the case may be, of the whole or part of such fees where the pupil in respect of whom the fees are payable does not attend theGovernment school for the whole period to which the fees relate; or (b) a refund of any overpayment of any such fees. (4) The head of a Government school may, subject to the directions of the Secretary,refuse to admit to that school any pupil in respect of whom any fees payable in termsof this section or section fourteen have not been paid. (5) A direction by the Secretary in terms of subsection (4) that a pupil be admitted toa Government school despite the fact that any fees payable in terms of this section orsection fourteen have not been paid, shall not affect the parent's liability to pay suchfees. 14 Establishment of general purpose funds (1) The head of a Government school shall establish for that school a general purposefund in aid of such extracurricular activities and facilities, having as their objects thecultural, physical and intellectual welfare of the pupils in attendance, as may beprescribed. (2) The control and administration of general purpose funds shall be subject to suchconditions as may be prescribed. (3) The Secretary may, from time to time, fix the fees which shall be payable into thegeneral purpose fund established for a Government school in respect of pupilsattending that school. (4) In the exercise of the powers conferred upon him by subsection (3), the Secretarymay fix different fees for different Government schools or different categories ofpupils attending such schools. (5) Notwithstanding anything to the contrary contained in the Audit and ExchequerAct [Chapter 22:03]— (a) fees paid in accordance with this section for the benefit of a generalpurpose fund established for a Government school shall; and (b) any moneys donated to the general purpose fund established for a Government school, or received by the head of a Government school for the purposesspecified in subsection (1), shall; and (c) contributions made by pupils of a Government school towards the cost of purchasing materials for practical subjects may; and (d) moneys received on account of the sale of articles made at a Government school from materials provided at the expense of the State shall; be paid into the general purpose fund established for that Government school. PART V NON-GOVERNMENT SCHOOLS 15 Registration of non-Government schools (1) No person shall establish and maintain a school other than a Government school,unless it is registered. (2) Any responsible authority wishing to establish and maintain a school referred to insubsection (1) shall make an application to the Secretary in the prescribed form forthe registration of such school, accompanied by such documents as may be

prescribed. (3) Upon receipt of an application in terms of subsection (2), the Secretary shall makesuch inquiries as he considers necessary in order to determine the application. (4) If in respect of an application referred to in subsection (2) the Secretary issatisfied that— (a) the school premises, including any hostel or other buildings to be used in connection with the instruction or accommodation of the pupils attending theschool, are suitable or adequate for the purpose, having regard to the number, agesand sex of the pupils; and (b) efficient and suitable instruction will be provided at the school, having regard to the number, ages and sex of the pupils attending the school; and (c) the qualifications and experience of the proposed teachers areadequate to ensure satisfactory instruction of the pupils attending the school; and (d) adequate financial provision has been made for the proper maintenance of the school; and (e) the proposed equipment to be used by the school will allow satisfactory tuition in the subjects to be given at the school; he shall grant the application and register the school. (5) If in respect of an application referred to in subsection (2) the Secretary is notsatisfied as to any matter referred to in paragraph (a), (b), (c), (d) or (e) of subsection(4), he may— (a) reject the application; or (b) grant the application and register the school provisionally on conditionthat the responsible authority, within such reasonable period as he may fix, compliesto his satisfaction with such requirements regarding any matter referred to inparagraph (a), (b), (c), (d) or (e) of subsection (4) as he may specify; and shall notify the responsible authority accordingly. (6) Any person who contravenes subsection (1) shall be guilty of an offence andliable to a fine not exceeding level six. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 16 Recommendations by Secretary in the national interest Where the Secretary is of the opinion that adequate educational facilities already existin the area in which an applicant proposes to establish a school, the Secretary shalladvise the applicant in writing to that effect, and may recommend that the school beestablished in some other suitable area. 17 Cancellation of provisional registration or registration (1) If the responsible authority of a school which has been provisionally registered interms of paragraph (b) of subsection (5) of section fifteen fails within the period fixedby the Secretary, or within any extension of such period granted by him, to comply tohis satisfaction with the requirements specified by him in terms of that paragraph, theSecretary shall cancel the provisional registration of the school and notify theresponsible authority accordingly. (2) If at any time the Secretary is not satisfied in relation to any registered school asto any matter referred to in paragraph (a), (b), (c), (d) or (e) of subsection (4) ofsection fifteen, he shall notify the responsible authority of that school in writing thathe proposes to cancel the registration of the school, unless within a reasonable periodfixed by him, or within any extension of such period as may be granted by him theresponsible authority complies to the satisfaction of the Secretary with suchrequirements as to any matter referred to in paragraph (a), (b), (c), (d) or (e) of thatsubsection as he may specify. (4) If the responsible authority of a registered school who has been notified in termsof subsection (2) of the proposal of the Secretary to cancel the registration of theschool fails within the period fixed by the Secretary, or within any extension of suchperiod granted by him, to comply to his satisfaction with the requirements of anymatter specified by him, the Secretary shall cancel the registration of the school and

notify the responsible authority accordingly. 18 Appeals in relation to registration of schools (1) A responsible authority who is aggrieved by a decision of the Secretary— (a) to reject an application for the registration of a school; or (b) to register a school provisionally; or (c) to cancel the provisional registration or the registration of a school; he may appeal against such decision to the Minister and the Minister may give suchdecision in the matter as he considers the Secretary ought to have given or he maydismiss the appeal. (2) A responsible authority who is aggrieved by the decision of the Minister in termsof subsection (1) may appeal to the High Court, which may give such decision in thematter as it considers ought to have been given or may dismiss the appeal. (3) The lodging of an appeal shall suspend the decision appealed against. 19 Certificate of registration or provisional registration (1) On registering or provisionally registering a school, the Secretary shall issue tothe responsible authority a certificate of registration or provisional registration, as thecase may be, in the prescribed form. (2) The responsible authority shall cause a certificate issued by the Secretary in termsof subsection (1) to be displayed in a conspicuous place in the office of the head ofthe school. (3) Not later than three months before the date of expiry of a provisional certificate ofregistration, the responsible authority of the school concerned shall deliver thecertificate of provisional registration to the Secretary who shall either endorse it withany extension of the provisional registration granted by him, or cancel it if noextension has been granted. 20 Premises on which schools may be operated No non-Government school shall be operated on any premises other than the premises specified in the certificate of registration or provisional registration of the school, asthe case may be. 21 Fees payable at non-Government schools (1) No responsible authority shall— (a) charge any fee or levy; or (b) increase any fee or levy by more than the prescribed amount orpercentage in any period of twelve months; in respect of any pupil attending a non-Government school, unless the fee or levy or increase therein, as the case may be, has been approved by the Secretary. (2) Any responsible authority who wishes to obtain approval for any fee or levy orincrease therein in terms of subsection (1) shall make application to the Secretary inwriting, setting out the full details of the proposed fee or increase therein, and thebasis of calculation thereof. (3) The Secretary shall, without delay, consider any application made in terms ofsubsection (2) and, if he is satisfied that the proposed fee or levy or increase therein isfair and reasonable, having regard to— (a) the costs of operating and maintaining the school; and (b) any programme for improving the facilities provided at the school; and (c) any representations made by or on behalf of parents or pupils relating to the proposed fee or levy or increase therein; and (d) any other relevant economic factors justifying the proposed fee or levyor increase therein; he shall grant the application. (4) If, after due consideration, the Secretary is not satisfied in respect of any of thematters specified in paragraph (a), (b), (c) or (d) of subsection (3), he shall refuse theapplication. (5) If at any time the Secretary is satisfied that—

(a) his approval of any fee or levy or increase therein was granted in terms of subsection (1) on the basis of false or incorrect information supplied by theresponsible authority of the non-Government school concerned; or (b) amounts received by a responsible authority by way of any fee or levy or increase therein approved in terms of subsection (1) have not been applied— (i) to any purpose which was specified by the responsible authority in the application in terms of subsection (2) as the purpose to which the fee or levy orincrease therein, as the case may be, would be applied; or (ii) in the interests of pupils attending the non-Government school concerned; the Secretary may, by written notice to the responsible authority concerned, do anyone or more of the following— (i) revoke his approval of the fee or levy or increase therein; (ii) fix the amount of any fee and additionally, or alternatively, any levythat may be charged by the responsible authority concerned; (iii) fix the purpose to which any fee or levy or increase therein may beapplied by the responsible authority concerned; and the responsible authority concerned shall comply with any such notice. (6) Any person who contravenes subsection (1), or who contravenes or fails tocomply with any notice in terms of subsection (5) shall be guilty of an offence andliable to a fine not exceeding level six. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 22 Appeals in relation to fees (1) Any responsible authority who is aggrieved by a decision of the Secretary in termsof section twenty-one may appeal against such decision to the Minister, who may give such decision in the matter as he considers the Secretary ought to have given ormay dismiss the appeal. (2) A responsible authority who is aggrieved by the decision of the Minister in termsof subsection (1) may appeal to the High Court, which may give such decision in thematter as it considers ought to have been given or may dismiss the appeal. 23 Keeping of records and provision of information The head of every non-Government school shall keep and maintain such accounts and other records, and provide such information, as the Secretary may, from time to time,in writing require. PART VI OTHER GOVERNMENT EDUCATIONAL FACILITIES 24 Other Government educational institutions The Minister may— (a) establish and maintain such other educational institutions, includingcorrespondence schools or classes for the teaching of any subject which forms part ofschool education, as he may deem necessary or desirable for the discharge of hisfunctions in terms of this Act; and (b) if he considers it appropriate for the purpose of the discharge of hisfunctions referred to in paragraph (a), close or change the site of any institutionestablished in terms of that paragraph; and (c) make regulations for the efficient administration of any institution established in terms of paragraph (a), including the provision of correspondencecourses by the Ministry. 25 Adult education The Minister may provide facilities for— (a) the teaching of; or (b) the training of persons for the purposes of teaching adult education. 26 Prescribing of fees for other Government educational facilities (1) The Minister may, in consultation with the Minister responsible for finance, fromtime to time fix the fees which shall be payable for any instruction, including

correspondence courses, provided in terms of this Part. (2) In the exercise of the powers conferred upon him by subsection (1) the Ministermay fix different fees for different categories of persons. (3) The Minister may grant such rebates, refunds or remissions, whether in whole orin part, of the fees payable in terms of this section as he may consider necessary. PART VII NURSERY SCHOOLS 27 Regulation of nursery schools The Minister may, in terms of section sixty-nine, make regulations— (a) requiring nursery schools to be registered; (b) providing, in relation to nursery schools, for the fixing of curricula and the standards of tuition, premises and matters relating thereto; (c) prohibiting the teaching in nursery schools of any subject commonlytaught in a school; (d) providing for— (i) the cancellation of the registration of nursery schools; (ii) the alteration of the conditions subject to which nursery schools have been registered; (e) providing for the inspection at all reasonable times of nursery schools for the purpose of ascertaining whether this Act is being complied with. PART VIII NATIONAL EDUCATION ADVISORY BOARD AND REGIONAL EDUCATIONADVISORY BOARDS 28 Establishment and functions of Board There shall be a Board, to be known as the National Education Advisory Board,which shall advise and make recommendations to the Minister on mattersappertaining to education to which this Act applies. 29 Membership of Board Subject to this section and to sections thirty and thirty-one, the Board shall consist of a chairman and not fewer than four and not more than fourteen other membersappointed by the Minister for their ability and experience in administration oreducation or their professional qualifications or their suitability otherwise forappointment: Provided that the Minister shall ensure that local authorities, church organizations andthe different sectors of the economy are represented on the Board. 30 Disqualifications for membership of Board (1) A person shall not be appointed as a member of the Board, and no person shall bequalified to hold office as a member, if— (a) he has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any country, and has not been rehabilitated or discharged;or (b) he has made an assignment to or arrangement or composition with hiscreditors in terms of a law in force in any country, and the assignment, arrangementor composition has not been rescinded or set aside; or (c) within the period of five years immediately preceding the date of his proposed appointment, he has been sentenced in any country to a term ofimprisonment imposed without the option of a fine, in respect of conduct whichconstituted an offence or would have constituted an offence if it had been committedin Zimbabwe, as the case may be, and has not received a free pardon. (2) A member of Parliament shall not be appointed as a member of the Board, norshall he be qualified to hold office as a member. 31 Terms and conditions of office of members of Board (1) Subject to this section, members of the Board shall hold office for such period, notexceeding three years, as the Minister may fix on their appointment. (2) On the expiry of the period for which a member of the Board has been appointed,

he shall continue to hold office until he has been reappointed or his successor hasbeen appointed: Provided that a member shall not continue to hold office in terms of this subsectionfor more than six months. (3) Members of the Board shall hold office on such conditions as the Minister mayfix: Provided that— (i) in fixing the remuneration and allowances payable to members, theMinister shall obtain the approval of the Minister responsible for finance; (ii) members who are in the full-time employment of the State, a statutory body or a local authority shall not be entitled to remuneration or allowances in respectof their service on the Board. 32 Vacation of office by members and filling of vacancies (1) A member of the Board shall vacate his office and his office shall becomevacant— (a) after giving the Minister such period of notice of intention to resign as may be fixed in his conditions of service or, if no such period has been fixed, after theexpiry of one month from the date he gives such notice, or after the expiry of suchother period as he and the Minister may agree; or (b) on the date he begins to serve a sentence of imprisonment the term of which is not less ,than six months, whether or not any portion has been suspended,imposed without the option of a fine in any country; or (c) if he becomes disqualified in terms of section thirty to hold office as a member; or (d) if he is required in terms of subsection (2) or (3) to vacate his office. (2) The Minister, after consulting the Board, may require any member of the Board tovacate his office if the member— (a) has been guilty of conduct which renders him unsuitable to continue to hold office as a member; or (b) has failed to comply with any conditions of his office fixed in terms ofsection thirty-one; or (c) is mentally or physically incapable of efficiently exercising his functions as a member. (3) The Minister, on the recommendation of the Board, may require any member ofthe Board to vacate his office if the Minister is satisfied that the member has beenabsent without the permission of the chairman of the Board from three consecutivemeetings of the Board, of which he has been given not less than seven days’ notice, and that there was no just cause for the member’s absence. (4) On the death of, or the vacation of office by, a member of the Board, the Ministermay, subject to section thirty, appoint a person to fill the vacancy: Provided that, if as a result of the vacancy the membership of the Board has fallenbelow five members, the Minister shall appoint a member to fill the vacancy. 33 Meetings and procedure of Board (1) Subject to this section and to any directions given to it by the Minister, the Boardshall meet for the dispatch of its business and adjourn, close and otherwise regulateits meetings and procedures as it thinks fit. (2) The chairman of the Board shall preside at all meetings of the Board: Provided that, if the chairman is absent from any meeting, the members present mayelect one of their number to preside at that meeting as chairman. (3) A majority of members of the Board shall form a quorum at any meeting of theBoard. (4) All acts, matters or things authorized or required to be done by the Board may bedecided by a majority vote at a meeting of the Board at which a quorum is present. (5) At all meetings of the Board each member present shall have one vote on eachquestion before the Board:

Provided that, in the event of an equality of votes, the chairman or person presidingshall have a casting vote in addition to a deliberative vote. 34 Regional education advisory boards (1) The Minister may establish for any area a regional education advisory boardconsisting of a chairman and not fewer than four and not more than seven othermembers appointed for their ability and experience in administration or education ortheir professional qualifications or their suitability otherwise for appointment: Provided that the Minister shall ensure that so far as possible local authorities, churchorganizations and the different sectors of the economy within the area are representedon every regional education advisory board. (2) A regional education advisory board shall advise the Board on all matters whicharise within its area and which relate to primary and secondary education. (3) Sections thirty to thirty-three shall apply, mutatis mutandis, to a regional education advisory board and its members as they apply to the Board and members ofthe Board. PART IX FINANCIAL PROVISIONS 35 Grants to schools, colleges, etc. (1) Subject to this section, the Minister— (a) shall, in respect of each school year, make a grant to or in respect ofevery registered school; and (b) may make a grant— (i) to or in respect of any registered correspondence college or independent college referred to in Part X; (ii) to any group of students which the Minister is satisfied is properlyorganized by the responsible authority of any school and which meets in suitablepremises to study by correspondence with or without the assistance of a teacher; (iii) in respect of any work in furtherance of education. (2) A grant referred to in subsection (1) shall be of such amount as the Minister, afterconsultation with the Minister responsible for finance, may fix in respect of eachschool, college, group or person or any class thereof: Provided that any differentiation in the grants paid to or in respect of differentregistered schools in terms of paragraph (a) of subsection (1) shall be directedtowards redressing, where practicable, inequalities in the financial resources of theresponsible authorities of the schools concerned. (3) A grant referred to in subsection (1) shall be disbursed— (a) to such school development committee as may be approved by the Minister; or (b) to such other person and in such manner and subject to such conditions; as the Minister may determine in each individual case. (4) A grant made to or in respect of a registered school in terms of paragraph (a) ofsubsection (1) shall be made within four months of the commencement of the schoolyear to which it relates: Provided that the Minister may authorize the payment in advance, not being earlierthan sixty days before the commencement of the teaching period in the appropriateschool year, of such part of the amount of the grant as represents— (a) in the case where such a grant was made to the school concerned in respect of the preceding school year, seventy per centum of the amount so granted inrespect of that school year; (b) in any case not referred to in paragraph (a), a sum not exceedingseventy per centum of such amount as may appear to the Minister to be a reasonableestimate of the expenditure which is anticipated to be incurred by the schoolconcerned within four months of the commencement of the teaching period in theappropriate school year.

(5) Where a grant has been paid to or in respect of any school or college in terms ofthis section and the registration of the school or college is cancelled or the school orcollege closes down before the expiry of the period in respect of which the grant wasmade, the Minister may recover from the responsible authority or person whooperated and maintained the school or college such part of the total amount of thegrant as represents to such total amount the same proportion as the unexpired part ofthe period in respect of which the grant was made bears to the whole of that period. (6) Where any person to whom or institution to which a grant has been paid in termsof this section fails to comply with any condition fixed by the Minister in terms ofsubsection (3), the Minister may recover the amount of the grant from that person orinstitution. 36 School development committees (1) The responsible authority of every registered school to which a grant is made interms of section thirty-five shall establish a committee, to be known as a schooldevelopment committee. (2) A school development committee, if approved by the Minister, shall be vestedwith control of the financial affairs of the school for which it has been established. (3) The composition, functions and procedure of every school developmentcommittee shall be as prescribed. 37 Expenses of administration, etc. (1) All moneys necessary for the purposes of this Act shall, subject to the fourteen, bepaid out of moneys appropriated for the purpose by Parliament. (2) Nothing contained in subsection (1) shall preclude the Minister, in consultationwith the Minister responsible for finance, from receiving, administering and spendingon education, moneys from charitable bequests or from any other source whatsoeverintended by the donors to be utilized for that purposes. 38 Fees to be paid into Consolidated Revenue Fund Subject to section fourteen all fees paid for educational facilities provided by theGovernment or for accommodation in connection therewith shall be paid into theConsolidated Revenue Fund. PART X CORRESPONDENCE AND INDEPENDENT COLLEGES 39 Interpretation and application of this Part (1) In this Part— “Register” means the Register referred to in section forty-one; “Registrar” means the Registrar of Correspondence and Independent Collegesreferred to in section forty; “correspondence college” means any person, other than a Government educationalinstitution, who operates or maintains any educational course or provides tuition bycorrespondence for reward; “independent college” means any educational institution, other than a Government educational institution, which maintains, manages or conducts any educational courseor provides face-to-face tuition for reward for students who have completed primaryeducation or have attained the age of sixteen years, whichever is the earlier, but doesnot include a school. (2) This Part shall not apply to any correspondence college or independent collegewhich the Minister has by statutory instrument declared to be exempted from thisPart. 40 Registrar of Correspondence and Independent Colleges There shall be a Registrar of Correspondence and Independent Colleges whose office shall be a public office and shall form part of the Public Service. 41 Functions of Registrar (1) The Registrar shall establish and maintain a register of correspondence collegesand independent colleges. (2) It shall be the duty of the Registrar to—

(a) enter in the Register the names and addresses of all registeredcorrespondence colleges and independent colleges, the scope of their registration andsuch other particulars as may, from time to time, be prescribed; and (b) make in the Register any necessary alteration in the name, address,scope of registration or prescribed particulars of any registered correspondencecollege or independent college; and (c) remove from the Register the name of any correspondence college orindependent college whose registration has been cancelled in terms of section fifty; and generally in connection with the Register to comply with this Act and with anyspecific or general directions given by the Minister or the Secretary. 42 Prohibition of unregistered correspondence colleges and independent collegesand certain advertisements No person shall— (a) establish, operate or maintain a correspondence college or independentcollege for reward within Zimbabwe, unless such correspondence college or independent college is registered in terms of this Act; or (b) publish or cause to be published in any publication circulating mainly within Zimbabwe any advertisement in relation to a correspondence college orindependent college which is not registered in terms of this Act; or (c) broadcast or exhibit or cause to be broadcast or exhibited to the public view in any place within Zimbabwe, or send or cause to be sent through the post toany address within Zimbabwe, any advertisement relating to a correspondence college or independent college which is not registered in terms of this Act. (2) For the purposes of subsection (1) a person shall be deemed to operate or maintaina correspondence college within Zimbabwe if he supplies a correspondence course or provides tuition by correspondence to a person who is resident in Zimbabwe. (3) Any person who contravenes subsection (1) shall be guilty of an offence andliable to a fine not exceeding level six. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 43 Registration of correspondence colleges and independent colleges (1) Any person who wishes to establish, operate or maintain any correspondencecollege or independent college, for reward within Zimbabwe, shall make a writtenapplication to the Secretary for the registration of such correspondence college orindependent college, as the case may be, under this Act. (2) An application in terms of subsection (1) shall— (a) be made in the prescribed form; and (b) be accompanied by the prescribed fee: Provided that the Minister may, in any deserving case, waive the payment of such fee. (3) If in relation to an application in terms of subsection (1), the Secretary is satisfiedthat— (a) the application is bona fide; and (b) there is a need for the correspondence college or independent college concerned; and (c) the financial resources of the applicant are sufficient for the proper conduct of the affairs of the correspondence college or independent college inaccordance with the provisions of this Act; he shall grant the application and register the correspondence college or independentcollege, specifying the scope of its registration, and issue to it a certificate ofregistration in the prescribed form. (4) The Secretary shall not register any correspondence college or independentcollege— (a) if he has reasonable grounds for believing that the application for itsregistration does not meet the requirements of subsection (3); or (b) whose previous registration was cancelled— (i) in terms of paragraph (a) of subsection (1) of section fifty, unless the

annual registration fee owed by such college has been fully paid; or (ii) in terms of paragraph (c) of subsection (1) of section fifty, unless the grounds for cancellation of the previous registration no longer exist, and the Ministerhas authorized the registration of such college. 44 Annual registration and guarantee fund fee (1) Every registered correspondence college or independent college shall in each year,not later than the date prescribed by the Secretary, pay to the Secretary such annualregistration fee as may be prescribed. (2) In addition to the registration fee referred to in subsection (1)— (a) every registered correspondence college shall pay to the Secretary forthe benefit of the Correspondence Colleges Guarantee Fund; (b) every registered independent college shall pay to the Secretary for thebenefit of the Independent Colleges Guarantee Fund; such annual guarantee fund as may be prescribed. 45 Correspondence Colleges Guarantee Fund (1) The fund established in terms of section 37 of the Correspondence Colleges Act[Chapter 81 of 1974] shall on and after the fixed date continue in existence and shallbe known as the Correspondence Colleges Guarantee Fund. (2) The moneys of the fund referred to in subsection (1) shall consist of— (a) the moneys which had accrued to and had formed part of the fund before the fixed date; (b) the fees which have been paid for the benefit of the fund in terms ofsubsection (2) of section forty-four; (c) any other moneys that may accrue to the fund by way of grants,donations or otherwise. (3) The fund referred to in subsection (1) shall vest in the Minister and shall, subjectto his general or specific direction, be applied— (a) to defray any expenses that may be incurred by the Secretary inensuring that acceptable standards of education are maintained in all registeredcorrespondence colleges; and (b) to refund, wholly or partly, to students any fees paid by them in the event of insolvency of any correspondence college to which such fees have been paid,or in the event of failure by such college for whatever reason to meet its obligations toits students. 46 Independent Colleges Guarantee Fund (1) There is hereby established a fund to be known as the Independent CollegesGuarantee Fund. (2) The moneys of the fund referred to in subsection (1) shall consist of— (a) the fees which have been paid for the benefit of the fund in terms of subsection (2) of section forty-four; (b) any other moneys that may accrue to the fund by way of grants, donations or otherwise. (3) The fund referred to in subsection (1) shall vest in the Minister and shall, subjectto his general or specific direction, be applied— (a) to defray any expenses that may be incurred by the Secretary inensuring that acceptable standards of education are maintained in all registered independent colleges; and (b) to refund, wholly or partly, to students any fees paid by them in the event of insolvency of any registered independent college to which such fees havebeen paid, or in the event of failure by such college for whatever reason to meet itsobligations to its students. 47 Accounts and audit of funds (1) The Minister shall cause proper books of account to be kept in respect of the fundsreferred to in sections forty-five and forty-six in which shall be recorded all the financial transactions relating to the funds concerned.

(2) The accounts of the funds referred to in subsection (1) shall be audited by the Comptroller and Auditor-General who shall have all the powers conferred upon him by the Audit and Exchequer Act [Chapter 22:03] as though the assets of the fundswere public moneys. 48 Variation of scope of registration otherwise than at request of correspondence college or independent college (1) If at any time the Secretary has reason to believe that a registered correspondencecollege or independent college is no longer able to provide tuition in respect of aqualification, course or subject for which it is registered, he may serve notice uponthat college— (a) to engage suitably qualified staff within such reasonable period as he may specify; or (b) to take such other measures as will ensure the provision of adequatetuition; or (c) to show cause why the scope of its registration should not be varied. (2) If a registered correspondence college or independent college has received noticein terms of subsection (1) and fails— (a) to engage suitably qualified staff within the specified period; or (b) to take such other measures as will ensure the provision of adequatetuition; or (c) to satisfy the Secretary why the scope of its registration should not be varied; the Secretary may, subject to section fifty vary the scope of the registration of suchcorrespondence college or independent college so that it complies with the range ofqualifications, courses or subjects for which that college is able to provide suitablyqualified staff or adequate tuition. 49 Variation of scope of registration at request of correspondence college orindependent college The Secretary may, on the application of a registered correspondence college orindependent college from time to time, vary the scope of the registration of thatcollege according to the qualifications of the authors or tutors whose services areretained by the college. 50 Cancellation of registration (1) The Secretary shall cancel the registration of a registered correspondence collegeor independent college— (a) if such college fails to pay the annual registration fee within three months after the date referred to in subsection (1) of section forty-four, or within such further period as the Secretary may in any particular case allow; or (b) if he has reason to believe that such college has ceased to operate as acorrespondence college or independent college within Zimbabwe; or (c) if he is directed by the Minister to cancel the registration of suchcollege on the grounds of dishonesty or fraud; or (d) if he has reason to believe that the college no longer providessatisfactory educational services. (2) Before exercising the power conferred upon him by subsection (1), the Secretaryshall give to the correspondence college or independent college concerned at least onemonth's notice in writing of his intention to cancel the registration of such college,and invite from the college within a period specified by the Secretary representationsin writing as to why such registration should not be cancelled. (3) The Secretary shall give due consideration to any representations made in terms ofsubsection (2). (4) If the Secretary cancels the registration of a correspondence college orindependent college in terms of subsection (1)— (a) he shall forthwith notify such college in writing accordingly; and (b) he shall in writing request such college to return to him within such

period, not being less than seven days, as he may specify, the certificate ofregistration issued to the college in terms of section forty-three. (5) Any person in charge of a correspondence college or independent college whofails to comply with a request made in terms of paragraph (b) of subsection (4) shallbe guilty of an offence and liable to a fine not exceeding level three. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 51 Appeals against decision of Secretary (1) If— (a) a college is aggrieved by a decision of the Secretary— (i) not to register it as a correspondence college or independent college; or (ii) as to the scope of its registration as a correspondence college or independent college; or (b) a registered correspondence college or independent college isaggrieved by— (i) any decision of the Secretary to vary its scope of registration; or (ii) any decision of the Secretary to cancel its registration; that college may appeal against such decision to the Minister, who may give suchdecision in the matter as he considers the Secretary ought to have given or he maydismiss appeal. (2) Any college, registered correspondence college or independent college which isaggrieved by the decision of the Minister in terms of subsection (1) may appealagainst such decision to the High Court, which may give such decision in the matteras it considers ought to have been given or may dismiss the appeal. (3) The lodging of an appeal shall suspend the decision appealed against. 52 Registered correspondence college or independent college to have principaloffice in Zimbabwe (1) A registered correspondence college or independent college shall have a principaloffice within Zimbabwe and shall appoint a principal officer for Zimbabwe and shall notify the Secretary in writing of the situation of that office and the name and addressof the Principal officer. (2) If a registered correspondence college or independent college changes its principaloffice or appoints a new principal officer it shall, not later than twenty-one days thereafter, give notice in writing thereof to the Registrar. 53 Formation of advisory council Subject to the approval of the Minister, registered correspondence colleges andindependent colleges may form an advisory council whose functions shall beregulated in terms of section sixty-nine. 54 Tuition by independent colleges Independent colleges may offer tuition only to students who have completed theprescribed period of primary education, or who have attained the age of sixteen years,whichever is the earlier. PART XI CONDITIONS OF SERVICE OF TEACHERS 55 Interpretation in Part XI In this Part— “Unified Teaching Service” means the Unified Teaching Service which wasestablished in terms of Part VIII of the Education Act, 1979 (No. 8 of 1979). 56 Abolition of Unified Teaching Service and savings of pension rights (1) With effect from three months after the fixed date, the Unified Teaching Serviceshall be abolished. (2) Subject to the Pensions Review Act [Chapter 16:03] any pension benefits thataccrued to a teacher in respect of his service in the Unified Teaching Service whichterminated before the date on which the Unified Teaching Service is abolished interms of subsection (1), or to the widow or dependants of such teacher, shall continue

in force and the benefits shall be paid on and after that date in accordance with thelaw applicable thereto immediately before that date and the provisions of such lawshall apply to the determination of any pension benefits which may become payable,on or after the said date, to the widow or dependants of such teacher: Provided that the Minister may make regulations providing for the amendment ofsuch pension benefits. (3) Any pension benefits payable in terms of subsection (2) shall be charged upon andpaid out of the Consolidated Revenue Fund. 57 Transfer of teachers to Public Service (1) Every teacher who immediately before the fixed date was a member of theUnified Teaching Service shall, with effect from three months after the fixed date, betransferred to the Public Service unless, before the expiry of that period— (a) the teacher gives notice in writing to the Secretary that he does notwish to be transferred to the Public Service; or (b) the Secretary, acting on the directions of the Public Service Commission, gives notice in writing to the teacher that his transfer to the PublicService is not accepted. (2) Where a teacher has been transferred to the Public Service in terms of subsection(1) the transfer shall be deemed to have taken effect on the 1st of April, 1987, for thepurposes of fixing his date of appointment to the Public Service in relation to hissalary, pension and such other benefits and allowances as the Public ServiceCommission may determine. (3) Any act of misconduct which was committed by a teacher before he is transferredto the Public Service in terms of subsection (1) and for which no disciplinaryproceedings were instituted or completed in terms of the law applicable thereto beforethe date of transfer, may on or after that date be dealt with as if such act ofmisconduct had been committed by the teacher whilst he was a member of the PublicService. (4) Any garnishee order or direction to pay maintenance made by a court in terms ofthe Maintenance Act [Chapter 5:08] which, immediately before the date of transfer ofa teacher to the Public Service in terms of subsection (1), was directed towards hisemployer, shall on and after that date be regarded as having been directed towards theState and shall be binding upon the State with effect from forty-two days after the date the garnishee order or direction or a copy thereof is delivered to the person incharge of the Salary Service Bureau in Harare. 58 Conditions of service of transferred teachers Every teacher who has transferred to the Public Service in terms of section fifty-seven shall be employed on the same terms and conditions as are applicable to otherteachers in the Public Service save as may otherwise be determined by the PublicService Commission. 59 Conditions of service of teachers who do not transfer (1) The Minister may make regulations governing the conditions of service of everyteacher who immediately before the fixed date was a member of the Unified TeachingService and who has not transferred to the Public Service in terms of section fifty-seven, and for such purposes the Minister shall have the same powers to regulate ashe had before the fixed date in relation to the Unified Teaching Service: Provided that until the Minister does make any such regulations the conditions ofservice fixed in terms of regulations which were applicable to teachers who were,immediately before the fixed date, members of the Unified Teaching Service, shallcontinue to apply to such teachers and such regulations shall be regarded as havingbeen made in terms of this subsection. (2) Notwithstanding subsection (1), a responsible authority may impose upon ateacher in its employ who is referred to in subsection (1) special conditions notinconsistent with any regulations made under subsection (1): Provided that—

(i) the power of dismissal without notice of any such teacher shall only be exercised by the Secretary and in accordance with regulations made in terms ofsubsection (1); (ii) the right of a responsible authority to discharge a teacher from itsemployment shall be governed by regulations made in terms of subsection (1). (3) Regulations made in terms of subsection (1) shall, in the event of any conflict orinconsistency with regulations made in terms of the Labour Relations Act [Chapter28:01] prevail over such latter regulations notwithstanding anything to the contrarycontained in such Act. 60 Discipline of former Unified Teaching Service teachers who are not members of Public Service (1) The Minister may make regulations governing the conduct and behaviour of allteachers who are not members of the Public Service and who are not referred to insection fifty-nine. (2) Regulations made in terms of subsection (1) may provide for a disciplinary codefor teachers, procedures for examining complaints concerning breaches of such codeand for the imposition of penalties and the taking of other disciplinary actions inrespect of such breaches. (3) The penalties and other disciplinary actions that may be provided for in terms ofregulations made in terms of subsection (1) may include monetary penalties andsuspension or disqualification from teaching in schools. (4) Regulations made in terms of subsection (1) shall, in the event of any conflict orinconsistency with regulations made in terms of the Labour Relations Act [Chapter28:01] prevail over such latter regulations, notwithstanding anything to the contrarycontained in such Act. 61 Any teacher may apply to join Public Service Nothing in this Part contained shall be construed as precluding any teacher, whetherreferred to in this Part or not, from applying to join the Public Service. PART XII GENERAL 62 Languages to be taught in schools (1) Subject to this section, the three main languages of Zimbabwe, namely, Shona, Ndebele and English, shall be taught in all primary schools from the first grade asfollows— (a) Shona and English in all areas where the mother tongue of themajority of the residents is Shona; or (b) Ndebele and English in all areas where the mother tongue of themajority of the residents is Ndebele. (2) Prior to the fourth grade, either of the languages referred to in paragraph (a) or (b)of subsection (1) may be used as the medium of instruction, depending upon whichlanguage is more commonly spoken and better understood by the pupils. (3) From the fourth grade, English shall be the medium of instruction: Provided that Shona or Ndebele shall be taught as subjects on an equal-time-allocation basis as the English language. (4) In areas where minority languages exist, the Minister may authorize the teachingof such languages in primary schools in addition to those specified in subsections (1),(2) and (3). 63 Curricula and examinations The Secretary shall determine the curricula and the examination system for allschools and, in so doing, shall not determine different curricula and differentexamination systems for different schools on the ground that they are Governmentschools or non-Government schools. 64 Health in schools (1) The Minister may, after consultation with the Minister responsible for health,make regulations in terms of section sixty-nine for the purpose of safeguarding the

health of pupils or students attending, any educational institution operated by, orregistered with, the Ministry. (2) Regulations referred to in subsection (1) may provide for— (a) the appointment of Government medical officers or other medicalpractitioners as school medical officers at Government schools and non-Government schools; (b) the entry and inspection at all reasonable times by a Government medical officer or other medical practitioner authorized by the Minister of any school,residence or hostel or other building or premises whatsoever at any school or anylodging-house catering wholly or mainly for students or pupils attending any school; (c) the closing of schools, residences, hostels or other buildings, premises or lodging-houses referred to in paragraph (b) on the grounds of health; (d) the exclusion from any school of a student or pupil— (i) who is suffering or has recently suffered from a communicable disease or has been in contact with a person suffering from such a disease; or (ii) who is found to be verminous; or (iii) in the case of a pupil, whose parent fails or refuses to produce satisfactory proof that the pupil has— A. been successfully vaccinated; or B. been found to be insusceptible to vaccination; or C. previously suffered from smallpox; or D. been exempted from vaccination in terms of any enactment. (e) the appointment of Government dental officers or other dentalpractitioners as school dental officers at Government schools and non-Government schools; ( f ) the medical and dental examination or inspection of pupils attendingany Government school or non-Government school; (g) the examination by a psychiatrist or an educational psychologist of a student or pupil attending any school; (h) the requirement of a student or a parent or other person with whom a student or pupil resides— (i) to furnish certificates relating to whether the student or pupil is or has been suffering from a communicable disease or has been in contact with a personsuffering from such a disease; or (ii) to make a report to the head relating to matters referred to in subparagraph (1); (i) the medical or dental treatment of a student or pupil accommodated atany hostel, the supply of medicine or dental or surgical appliances and theperformance of X-ray and laboratory examinations in connection with such a studentor pupil and the fees payable therefor; ( j) the minimum standards which shall be observed in residences, school hostels and lodging-houses catering wholly or mainly for students or pupils attendinga school in regard to diet and hygienic conditions. 65 Delegation of functions by Secretary (1) Subject to such conditions as he may fix, the Secretary may, in relation to anyparticular case or class of cases, and with the written approval of the Minister, conferor impose upon any person employed in the Ministry any of his functions in terms ofthis Act other than his functions in terms of Part V. (2) Nothing in subsection (1) shall prevent the Secretary from withdrawing at anytime any function conferred or imposed upon another person in terms of thatsubsection, or from exercising such function himself. 66 Powers of officials to enter premises of registered schools, colleges and othereducational institutions (1) The Secretary, or any person employed in the Ministry who is authorized theretoby the Secretary, may, at all reasonable times, enter the premises of any non-

Government school, college or other educational institution, as the case may be, forthe purpose of— (a) examining buildings, grounds and equipment in order to ascertainwhether this Act is being complied with or whether the registration of such school,college or other educational institution should be cancelled; or (b) enquiring into the progress of persons attending such school, collegeor other educational institution, the standard of teaching the instruction provided, thequalifications of all persons engaged in teaching therein and the conduct anddiscipline of pupils or students attending such school, college or other educationalinstitution; or (c) inspecting any accounts or records required to be kept at or in respectof such school, college or other educational institution; or (d) inquiring into the application of any fee, levy, grant or other moneyspaid to or received by the school, college or other educational institution, whether interms of this Act or otherwise. (2) Any person who hinders or obstructs any person referred to in subsection (1) inthe exercise of his functions, or who fails or refuses to supply any informationreasonably required by such person for the purposes of any examination, inquiry orinspection in terms of that subsection shall be guilty of an offence and liable to a finenot exceeding level six. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 67 Penalties (1) . . . . . . [repealed by Act 22 of 2001 with effect from the 20th May, 2002.] (2) A conviction for an offence in terms of this Act shall not, in the case of acontinuing offence, be a bar to further prosecutions for that offence. 68 Recognition of national association of teachers (1) The Minister shall recognize one national association of teachers which shallrepresent all teachers in Zimbabwe. (2) The national association of teachers recognized by the Minister in terms ofsubsection (1) may advise and make representations to the Secretary and be consultedby the Minister on any matters appertaining to education in Zimbabwe to which thisAct applies. 69 Regulations (1) The Minister may make regulations providing for all matters which by this Act arerequired or permitted to be prescribed or which in his opinion, are necessary orconvenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may provide for— (a) in relation to the registration of correspondence colleges orindependent colleges— (i) the fixing of curricula and standards of tuition, premises and mattersrelating thereto, as well as the fees chargeable by such colleges; or (ii) the cancellation of the registration of such colleges; or (iii) the alteration or variation of the conditions subject to which such colleges are registered; or (iv) the inspection at all reasonable times of such colleges for the purpose of ascertaining whether this Act is being complied with; (b) functions of, and the procedure to be followed by, the advisory council formed in terms of section fifty-three; (c) discipline in schools and the exercise of disciplinary powers over pupils attending schools, including the administration of corporal punishment and thesuspension and expulsion of such pupils in respect of their attendance and conduct inschools, and in public places when not accompanied by their parents or by adultpersons into whose custody they have been entrusted by their parents; (d) the circumstances in which pupils accommodated at school hostels

shall cease to be so accommodated; (e) the forms of enrolment registers and other school registers, time-tables and books of account to be kept and maintained at schools and other educationalinstitutions, and the manner in which information contained therein shall be furnishedto the Secretary; ( f ) the conditions governing the maintenance and use of school premises and the control thereof; (g) the regulation of religious instruction in schools; (h) the adequacy, suitability and use of school equipment and schoollaboratories; (i) the duties of responsible authorities; ( j) school holidays; (k) the precautions to be taken against fire or other peril likely to endanger the lives or health of teachers, public or students; (l) the temporary exclusion from any school or college of any teacher, pupil or student, and any other measures necessary or desirable to preserve the well-being of teachers, pupils or students; (m) the size of school classes and the hours of instruction provided byschools; (n) the structure, hygiene and sanitation of school premises; (o) such other matters as, in the opinion of the Minister, are likely topromote the good order and better administration and regulation of schools andhostels used in connection therewith. (3) Regulations made in terms of subsection (1) may provide penalties for anycontravention thereof: Provided that no such penalty shall exceed a fine of level five or imprisonment for aperiod of six months or both such fine and such imprisonment. [amended by Act 22 of 2001 with effect from the 10th September, 2002.] 70 Savings Notwithstanding the repeal of the Education Act, 1979 (No. 8 of 1979), and theCorrespondence Colleges Act [Chapter 81 of 1974], hereinafter referred to as therepealed Acts— (a) any Government school, Government teachers college or other Governmental educational institution established under a repealed Act and subsistingimmediately before the fixed date shall be deemed to have been established under thisAct; (b) any private school, private teachers college, correspondence college or independent college registered under a repealed Act immediately before the fixeddate shall be deemed to have been registered under this Act as a non-Government school, non-Government teachers college, correspondence college or independent college, as the case may be; (c) any general purpose fund or teachers amenities fund established for aGovernment school or teachers college under a repealed Act shall continue to existunder this Act; (d) any regulations made in terms of a repealed Act, which were in forceimmediately before the fixed date and which could be made under this Act, shall bedeemed to have been made under this Act and shall remain in force until amended orrepealed in terms of this Act; (e) any teachers association recognized under a repealed Act shall be deemed to be a branch of the national association of teachers recognized under thisAct; ( f ) subject to the Pensions Review Act [Chapter 16:03] any pension benefits that accrued to a teacher as defined in the African Education Act [Chapter233 of 1974] in respect of service in the Unified African Teaching Service whichterminated before the fixed date, or to the widow or dependants of such teacher, shall

continue in force and the benefits shall be paid in accordance with the law applicablethereto immediately before that date, and such law shall apply to the determination ofany pension benefits which may become payable to the widow or dependants of suchteacher: Provided that the Minister may make regulations providing for theamendment of such pension benefits. Go To Top Page NEXT CHAPTER